Cook v. Simon

• Decision Date: 01 November 1922
• Citation: 118 A. 634,98 Conn. 98
• Court: Connecticut Supreme Court
• Parties: COOK v. SIMON.

118 A. 634

98 Conn. 98

COOK v. SIMON.

Supreme Court of Errors of Connecticut.

November 1, 1922

Appeal from Superior Court, Fairfield County; Isaac Wolfe, Judge.

Action by May Cook, administratrix, against Joseph Simon, to recover damages for injuries resulting in the death of plaintiff's decedent through the alleged negligence of defendant. Judgment for the plaintiff to recover $2,500 damages and appeal by the defendant. No error.

William H. Comley and Alexander L. De Laney, both of Bridgeport, for appellant.

James C. Shannon and Henry E. Shannon, both of Bridgeport, for appellee.

PER CURIAM.

The errors assigned may be reduced to two, whether the facts found support the conclusions drawn from them that the defendant was negligent as alleged, and that the plaintiff's decedent was not guilty of contributory negligence. The essential facts found are these: The defendant owned a six-family tenement house; in the rear of the easterly one of the two tenements on the second floor was a kitchen, which opened upon a porch extending across the rear of this tenement, being 11 feet long by 8 feet wide, and elevated above the ground 13 feet. Stairs located between the east and west tenements on this floor ran from the porch to the ground. A railing 2 feet 7 inches high, composed of a rail at the top and bottom with vertical pickets set between formed the outer side and protection of this porch between the pillar at the head of the stairs and the coal box 3 feet distant. The railing was held in place by having the top rail nailed to the pillar and coal box by four nails and the bottom rail nailed to the same supports by three nails. The porch was for the use of the tenants on this floor and the stairs for the use of the tenants on the second and third floors. The mother of the decedent, who was a girl of 12 weighing 120 pounds, at 6:30 in the evening of July 27th directed her to put some garbage done up in a newspaper in the garbage can, which was located 12 to 15 feet distant from the railing of the porch, if it were in the same relative position upon the ground. The decedent took the parcel, went to the porch, approached the railing in an ordinary manner in order to toss the package towards the garbage can. It was not definitely shown in what manner she leaned against it, but immediately the railing gave way, and the decedent and the entire railing fell to the ground. The entire railing was found to be...